The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-06-01
ESTABLISHED 1850.
~. III. EsTILL, Editor and Proprietor.
SOME UNWELCOME FACTS
FOR CANDIDATES FOR THE VA
CANT JUDGESHIP.

From Very Good Authority it is Learn
ed That the President Can Select His
Appointee From Any State-In Any
Event. There's Long Wait Ahead
An nteresting Interview.
WASHINGTON, May 31.-A prominent
,ficial, entirely disinterested, who has
talked with the President in regard to the
vacancy in the United States Supreme
Court, caused by the death of Justice
Woods, said to a representative of the Asso-
,iated Press to-day that while the President
has decided to give the place to the South,
be is satisfied that there is nothing in the
constitution, law or precedents which con-
fines the selection of the appointee to the
States included in the circuit to which the
deceased Judge was assigned.
THE COURT MAKES ITS ASSIGNMENTS.
The official explained that while Congress
6xes the boundaries of the judicial circuits,
The court itself makes the assignment of
Judges, and it has frequently happened that
fhe Judge appointed from one State is as
signed to circuit in an entirely different sec
ZION of the country, and also that when va
cancy has occurred in any particular circuit
it has been frequently filed by an appoint
ment from State altogether outside
fins assertion the official said
that Judge Tanney at the time of his death,
1864. presided over the Fourth circuit,
which included the States of Maryland,
West Virginia, Virginia, and North and
South Carolina, but instead of selecting his
successor from one OF those States the
President appointed Judge Chase, of Ohio,
and he was assigned to the Fourth circuit.
Judge Swayne, of Ohio, was also on the
appointment gave Ohio two representa-
tives on the bench at the same time.
PRECEDENTs CITED.
When Judge Chase died in 1873, thus
making another vacancy in the Fourth
| circuit, ex-Attorney General Williams, of
| Oregon, was nominated for the place, but
. was rejected by the Senate. Caleb Gushing,
/ of Massachusetts,, was the next nominated,
and he, too, was rejected. These gentlemen,
said the speaker, were rejected for political
reasons, and not because they did not
belong to the States included in the
circuit where the vacancy existed. There
can be no question on that score, he said,
/ for the reason that the next gentleman
nominated, Judge Waite, was from Ohio,
and he was confirmed. He was assigned to
the Fourth circuit also. Then, again, when
Judge Grier, of Pennsylvania, died, in 1869,
Judge Stanton, of Ohio, was appointed to
his place, notwithstanding that Judge Griers
circuit embraced the States of Pennsylvania,
New Jersey and Delaware. Judge Stanton
died, however, soon after his appointment
and before he could take his seat.
| Judges Waite and Swayne, both from
Ohio, sat on the bench for several years to-
gether, and when the latter retired, Stanley
Matthews, of Ohio, was appointed in his
place, so that there were two men from the
same State, still on the bench. Then again,
Judge Bradley, who was appointed from tn e
New Jersey in 1870, swas assigned to the
Fifth circuit, embracing Georgia, Florida,
Alabama, Mississippi, Louisiana and Texas.
However, when Judge Woods, of Georgia,
was appointed, Judge Bradley was trans
ferred to another circuit (the Third and
Judge Woods was given the Fifth circuit.
PRESIDENTS CHOICE UNRESTRICTED.
II have just mentioned these facts re-
marked the official, ito show that the Presi-
dent in selecting the person for the existing
vacancy, can take a man from wherever he
peases, and there is nothing more to pre-
vent him from doing so than is to pre-
vent him from taking two members of his
Cabinet from the same State. The Presi-
ient realizes the Importance of getting a
good man for the place, and while he has
'1mmitted himself as favorable to South
srn man, he does not feel obliged TO con-
tine his selection TO the States
IN the circuit where the vacancy
exists. You must not understand, however,
that he has decided to appoint an outside
man. have only said what l have to show
You that the President has great latitude in
the matter and that he has a large field to
select from. Although an extraordinary
pressure is being brought TO bear upon the
resident and the Attorney General, now
That the latter has declared himself out Of
t1e race, in the interests of the applicants
Oh whom there are more than q score, l do
not think the President will make his selec-
non for some time to come